This year, a government report found that 69% of privately rented properties had damp and mould issues. To prevent this, the government released guidance earlier this year for private landlords on how best to manage any possible issues.
The guidance shares that "it is totally unreasonable to blame damp and mould in the home on ‘lifestyle choices’". Landlords should instead work with tenants to help them make "small, reasonable adjustments to their behaviour".
Here's what's covered in this guide:
Government guidance has suggested five standards that letting agents and landlords should follow to stay compliant with their damp and mould obligations.
The Housing Act 2004 states that properties should be free from Category 1 hazards, as assessed by the Housing Health and Safety Rating System (HHSRS) This list includes damp and mould.
Damp and mould can be known as a "statutory nuisance” under the Environmental Protection Act 1990 if it harms the health of a tenant.
Following the death of Awaab Ishak in 2020 due to exposure to black mould at only 2 years old, private and social landlords need to increase their knowledge and awareness of damp and mould in housing to prevent cases like this from escalating in the future.
Landlords can receive legal action from the council in these circumstances.
Under the Homes (Fitness for Human Habitation) Act 2018, properties need to be free from serious damp and mould that can harm a tenant's health.
Currently, there is no timescale for when remedial work needs to be carried out, but landlords should respond to any reports of damp and mould issues "promptly".
Social housing landlords need to ensure their properties are free from any Category 1 hazards, like damp and mould, under the Decent Homes Standard - again, assessed using the HHSRS.
This standard also states that social housing must be in a "reasonable state of repair and provide a reasonable degree of thermal comfort".
Under the Renters Reform Bill, the Decent Homes Standard will be applied to the private rented sector for the first time, meaning landlords will soon be responsible for their homes meeting a set of minimum standards.
Although the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 don't explicitly cover damp and mould, good energy efficiency in a building can reduce the risk of condensation.
Currently, landlord properties must meet Minimum Energy Efficiency Standards of an EPC E.
You can find out more about managing damp and mould in your property with our infosheet
The government outlines the steps that landlords and agents need to take if they receive a report of damp and mould in one of their properties:
The government highlights these steps to help minimise any cases of damp or mould:
Some of the common issues that can cause damp and mould in a property are:
You can find out more about managing damp and mould in your property with our infosheet
This article is intended as a guide only and does not constitute legal advice. Visit gov.uk for more information.